THE NETTLEBED AND DISTRICT COMMONS (PRESERVATION) ACT 1906

Transcription

1 THE NETTLEBED AND DISTRICT COMMONS (PRESERVATION) ACT 1906 Arrangement of sections Preamble Section Short title 1 Incorporation of Acts 2 Interpretation 3 Added lands to form part of 4 Constitution of 5 Appointment of 6 Quorum 7 not to be remunerated 8 Proceedings of not to be invalidated by failure to appoint or 9 irregularity of appointments Management of vested in 10 Duties and powers of 11 Bye-laws 12 Application of certain provisions of Public Health Acts 13 Power to Act as for other in locality 14 Exhibition of copies of bye-laws 15 Contributions by local authorities 16 Public right of access to the 17 Restricting certain manorial rights 18 Exercise of certain rights over the 19 Chalk pits to be provided 20 Enclosure of portion of 21 Certain new footpaths to be provided 22 Recreation ground to be provided 23 Surveyors of highways not to obtain materials from 24 Saving Rights 25 Costs of Act 26

2 An Act To incorporate a Body of for the Preservation and Management as Public Open Spaces of certain in the Rural District of Henley in the County of Oxford; and for other purposes. (Royal Assent, 4 th August, 1906) Preamble WHEREAS there are large areas of unenclosed Common land in the county of Oxford known as Nettlebed Common, Lower Common Wood, Oxlands Bottom, Highmoor Common Wood, Highmoor Common, Witheridge Hill Common, Kingwood Common and Peppard Common which and a piece of enclosed land adjoining the same are shown upon the signed plan hereinafter referred to: And whereas it is expedient that provision should be made as in this Act contained with the object of securing the preservation and maintenance of all of the said land as public open spaces: And whereas Robert Fleming as Lord of the Manor is or is reputed to be the owner of the said Common land and is willing subject to the reservation of his estate and interest therein as hereinafter provided to consent to the control and management of the said Common land being vested in a body of to be incorporated as is provided in this Act and to add to such Common land the enclosed land coloured blue upon the signed Plan and to set out and dedicate to the public the footway shown by blue dotted lines upon the signed plan in consideration of the extinction of all rights of Common on the portion of Nettlebed Common coloured red upon the signed Plan and the stopping up of the public rights of way (if any) in or over the paths or trackways shown upon the signed plan by red lines: And whereas it would be of public and local advantage that the arrangements aforesaid should be carried into effect: And whereas it is expedient that the other provisions of this Act should be made: And whereas the objects of this Act cannot be attained without the authority of Parliament: MAY IT THEREFORE PLEASE YOUR MAJESTY

3 That it may BE ENACTED AND BE IT ENACTED by the KING S MOST EXCELLENT MAJESTY by and with the advice and consent of the Lords Spiritual and Temporal and in this present Parliament assembled and by the authority of the same as follows (that is to say) :- 1. Short title Incorporation of Acts 2. This Act may be cited as The Nettlebed and District (Preservation) Act 1906 The Lands Clauses Acts (except the provisions of those Acts with respect to the taking of land otherwise than by Agreement) and The Commissioners Clauses Act 1847 (except sections 12 to 35 (inclusive) 37, 54, 84, 96, 97, 98 and 104) are so far as the same are applicable for the purposes and are not inconsistent with or varied by the provisions of this Act hereby incorporated with this Act. Provided that in The Commissioners Clauses Act 1847 for the purposes of this Act the expression Commissioner shall mean Conservator and the prescribed time for the annual meeting of the shall be the first Wednesday in May. Provided also that it shall not be necessary for the to hold monthly meetings but they shall hold a meeting for the transaction of general business at least once in every three months. Interpretation 3. IN this Act unless the subject or context otherwise require:- The means all the Common land shown upon the signed plan and thereon coloured green and includes the added land; The added land means the land shown upon the signed plan and thereon coloured blue; Nettlebed Common, Lower Common Wood, Oxlands Bottom, Highmoor Common Wood, Highmoor Common, Witheridge Hill Common, Kingwood Common, and Peppard Common respectively mean the so respectively named and shown upon the signed plan and coloured green; The signed Plan means the Plan signed in triplicate by the Right Honourable the Earl of Onslow, the Chairman of the Committee of the House of Lords to whom the Bill for this Act was referred of which one copy has been deposited in the Parliament office of the House of Lords, another copy in the Private Bill Office of the House of and another shall be deposited with the ; The means the body of incorporated by this Act; The Owner means Robert Fleming and includes with respect to each of the the owner or owners for the time being of any part of that Common. 4. Added lands to form part of 5. Constitution of The added land is hereby added to and shall form part of the to all intents and purposes as if it had always formed part thereof. There shall be a body of for carrying into execution certain provisions of this Act the full number of whom shall be nine and who are hereby incorporated by the name of The Nettlebed and District and by that name shall be one Body corporate with perpetual succession and a Common Seal and with power to take and hold and to dispose of grant demise or otherwise deal with land and other property.

4 6. Appointment of The shall be constituted as follows:- a) One Conservator shall be appointed in writing by the owner for the time being of Nettlebed Common and he shall be the Chairman of the ; - One Conservator shall be appointed in writing by the owner for the time being of Witheridge Hill Common; - One Conservator shall be appointed in writing by the owner for the time being of Kingwood Common; - Two shall be appointed by resolution of the Henley Rural District Council; - Four who shall be the representatives for the time being on the Henley Rural District Council of the parishes of Nettlebed, Bix, Rotherfield, Peppard and Rotherfield Greys respectively; b) Each Conservator appointed by the owner of a Common shall hold office until some other person shall be appointed in his place or until he dies or resigns his office of Conservator; c) Each Conservator appointed by the Henley Rural District Council shall hold office for one year but shall be eligible for re-appointment. 7. Quorum 8. not to be remunerated 9. Proceedings of not to be invalidated by failure to appt or irregularity of apptment 10. Management of vested in 11. Duties and powers of The Quorum of a meeting of shall be five. No Conservator shall receive any remuneration or hold any office of profit under this Act. (1) Any Act or proceeding of the shall not be invalidated or be illegal by reason of there being any vacancy among the or by reason of any irregularity in the appointment of any Conservator or by reason of any person not qualified or ceasing to be qualified acting as a Conservator or by reason of any failure or omission on any occasion to appoint any Conservator or by reason of any other irregularity failure or omission in or about any appointment; but (2) A Conservator who is also a District Councillor shall not be disabled by reason of his office of Conservator from voting upon any question relative to the or the under consideration by the Henley Rural District Council. The management maintenance and regulation of the shall be and the same are hereby vested in the. By virtue of this Act there shall be imposed upon the the following duties and they shall (subject to the provisions of this Act) have the following powers namely:- (a) Except as in this Act otherwise provided they shall at all times keep the unenclosed and unbuilt on as open spaces for the recreation and enjoyment of the public and they shall as from the passing of this Act be entitled to require the to remain unenclosed and may and shall do all such acts and things and institute all such proceedings as may be necessary for that purpose; (b) They shall at all times preserve the natural aspect and state of the and shall subject to the provisions of this Act protect the trees, shrubs, plants, turf and

5 herbage growing on the same and prevent all persons other than the owner of the and the persons acting in exercise of any common rights from felling, lopping, cutting or injuring the same and from digging chalk, clay, loam and soil therefrom; (c) They may appoint and dismiss officers and servants for the purposes of this Act and pay them salaries wages and pensions: (d) They may improve any part or parts of the so far as may be necessary or desirable for the purposes of health, recreation, enjoyment and convenience; (e) They may make and maintain roads, footpaths and ways over the ; (f) They may set apart from time to time parts of the upon which persons may play games, hold athletic sports and agricultural or other shows or exhibitions and entertainments or for the assemblage of persons thereon. Provided that they shall not set apart for any of such purposes any portion of the situated between the Oxford and Henley Road and the property known as Joyce Grove nor situated so near to any dwelling-house us to create a nuisance or be an annoyance to the inhabitants thereof; (g) Any part of the set apart by the for any purpose may be closed and exclusively appropriated by the for any period or periods not exceeding twenty-one days in any one year and for not more than four consecutive days on any one occasion and may demand and take or permit to be demanded and taken reasonable sums for the exclusive occupation of such part or for the admission of persons, vehicles, goods and things on to such part as set apart and the may exclude therefrom all persons, vehicles, goods and things unless payment be made of the reasonable sums demanded. (h) They may permit the erection upon each of the said of a building to be used as a pavilion in connection with any ground set apart for any game or other recreation. 12. Bye-laws For the prevention of nuisances and the preservation of order the may make, revoke and alter bye-laws for any of the following purposes relating to the (that is to say):- (a) For prohibiting the deposit on the or in any pond thereon of roadsand materials for repair of roads or wood or any dung rubbish or other offensive matter; (b) For prohibiting any person without lawful authority from digging, cutting or taking turf sods, gravel, sand, clay or other substance on or from the and from cutting, felling or injuring any gorse, heather, timber or other tree, shrub, brushwood or other plant growing on the ; (c) For regulating the place and mode of digging and taking turf sods, gravel, sand, clay or other substance and cutting, felling and taking trees or underwood on or from the in exercise of any right of common or other right over the ; (d) For prohibiting the injury, defacement or removal of seats, fences, notice boards or other things put up or maintained by the on the ; (e) For prohibiting or regulating the posting or painting of bills, placards, advertisements or notices on trees or fences or notice boards on the ; (f) For prohibiting any person without lawful authority from bird catching, setting traps or nets or liming trees or laying snares for birds or other animals, taking birds eggs or nests and shooting or chasing game or other animals on the ;

6 (g) For prohibiting or regulating the drawing or propelling upon the without lawful authority of any carriage, cart, caravan, truck, motor car, cycle or other vehicle and the erecting or permitting to remain on the without the consent of the or other lawful authority, any building, shed, tent, fence post, railing or other structure whether used in connection with the playing of games or not and for authorising an officer of the to remove from the any vehicle drawn or propelled upon the and any structure erected thereon in contravention of the bye-laws and prescribing the roads other than public roads upon which motor cars and cycles may be used. (h) For prohibiting or regulating the placing on the of any photographic cart or of any show exhibition, swing, roundabout or other like thing and for authorising an officer of the to remove from the anything placed upon the in contravention of the bye-laws; (i) for prohibiting or regulating the lighting of any fire on the ; (j) For prohibiting or regulating the firing or discharge of firearms or the throwing or discharge of missiles on the without lawful authority; (k) For regulating games to be played and other means of recreation to be exercised on the and assemblages of persons thereon; (l) For regulating the use of any portion of the temporarily closed or set apart under this Act for any purpose; (m) For prohibiting or regulating horses being exercised or broken in on the without lawful authority; (n) For prohibiting any person without lawful authority from turning out or permitting to remain on the any cattle, sheep or other animals and for authorising an officer of the to remove from the any cattle, sheep or other animal being upon the in contravention of the bye-laws or suffering from disease; (o) Generally for prohibiting or regulating any act or thing tending to injury or disfigurement of the or to interference with the use thereof by the public for the purposes of exercise and recreation; (p) For authorising an officer of the after due warning to remove or exclude from the any person who within his view commits an offence against the bye-laws made under this Act or against The Vagrancy Act 1824 ; (q) For prohibiting the hindrance or obstruction of an officer of the in the exercise of his powers or duties under this Act or under any bye-laws made thereunder. 13. Application of certain provisions of Public Health Acts The provisions of Sections 182, 183, 184, 185, 186, 251, 254, 258, 259, 260, 263 and 265 of the Public Health Act 1875 shall apply to bye-laws to be made under this Act and to proceedings by and against the under this Act and in the said Sections for the purposes of this Act:- The expression this Act shall mean this Act; The expression Local Authority shall mean the ; and The expression ratepayer shall mean any person entitled to rights of Common over the and any inhabitant householder in the said parishes of Nettlebed, Bix, Rotherfield Greys and Rotherfield Peppard. Provided that in section 184 (confirmation of bye-laws) of the said Act the secretary of state for the home department shall for the purposes of this section be deemed to be substituted for the local government board.

7 14. Power to act as for other in locality 15. Exhibition of copies of byelaws 16. Contributions by local authorities 17. Public right of access to the 18. Restricting certain manorial rights 19. Exercise of certain rights over the If an application made under the Act 1876 for a Provisional Order for the regulation of any Common in the parishes of Nettlebed, Bix, Rotherfield Peppard and Rotherfield Greys which is not subject to the provisions of this Act the may agree to act as the under the provisional order and if they are constituted the by the Order of the Councils mentioned in the Section of this Act the marginal note of which is Contributions by Local Authorities may respectively contribute to their expenses as such and sub-section 3 of that Section shall apply to such contributions. Copies of the bye-laws for the time being in force shall be put up by the on the at such places and in such manner as they think best calculated to give information to the persons using the. (1) The Council of the Administrative County of Oxford, the Rural District Council of Henley and the Parish Councils of the aforesaid Parishes of Nettlebed, Bix, Rotherfield Peppard and Rotherfield Greys and the Parish Council of any other Parish in the Rural District of Henley may respectively contribute towards the expenses of the such annual sums as they may respectively think fit. (2) The Rural District Council of Henley shall pay annually on the twenty-fifth day of March not less than one-fourth of the expenses of the for the preceding year as shown by the accounts of the. (3) Any such contribution or payment shall be deemed to be a purpose for which the Authority making the same is authorised to expend money and in the case of the County Council may be paid out of the County Fund and in the case of a Rural District Council out of the District Fund as general expenses and in the case of a Parish Council may be raised as part of the expenses of the Parish Council. On the passing of this Act there shall be by virtue of this Act a public right of access to the for the perpetual use thereof by the public for exercise and recreation but subject at all times to the bye-laws and regulations of the and the rights saved by this Act. As from the passing of this Act the following provisions shall apply and have effect (that is to say):- (1) The right of the owner to dig clay on the shall be restricted to the areas on Nettlebed Common shown upon the signed plan and surrounded by brown lines thereon; (2) No timber (including cherry trees) shall at any time be felled, topped or lopped on Highmoor Common or upon the added lands or on such parts of the as are shown upon the signed plan, and are thereon hatched red on the colour green, except in order to preserve the ornamental character of the same and except so far as is consistent with good forestry. On and after the passing of this Act:- (1) The occupiers of cottages within and the labouring poor of the parishes of Nettlebed, Bix and Rotherfield Greys shall be entitled subject to the bye-laws and regulations of the to cut and carry away a reasonable quantity of undergrowth and scrub from Oxlands Bottom for fuel and litter to be consumed or used upon their cottage holdings; (2) The occupiers of cottages within and the labouring poor of the parish of Rotherfield

8 Peppard shall be entitled subject to the bye-laws and regulations of the to cut and carry away a reasonable quantity of undergrowth and scrub from Peppard and Kingwood for fuel and litter to be consumed or used upon their cottage holdings; (3) The shall every year set out a portion of Oxlands Bottom and Kingwood Common respectively for the purposes aforesaid; (4) The occupiers of cottages within the Parish of Peppard shall be entitled to turn out for grazing upon Kingwood Common and Peppard Common not exceeding in all fifty head of cattle, sheep and donkeys subject to such regulations and conditions as the by bye-laws made in accordance with the provisions of this Act relating to bye-laws may prescribe; (5) The owner shall have a right to make a reasonable number of roads in order to provide access from any of his land adjoining to the to the nearest public highway. 20. Chalk pits to be provided 21. Enclosure of portion of 22. Certain new footpaths to be provided 23. Recreation ground to be provided 24. Surveyors of highways not The owner shall set out and appropriate land not exceeding five acres in extent on Peppard Common to be used as chalk pits from which the occupiers of cottages in the parishes of Rotherfield Greys and Rotherfield Peppard shall be entitled subject to the regulations of the but without any charge therefor to dig and take chalk for one on their holdings but such chalk pits shall not be used for the purpose of obtaining chalk for erecting new buildings or walls or making new roads or ways. All rights of Common and rights of way shall as from the passing of this Act be absolutely extinguished and cease to exist upon that part of Nettlebed Common which lies between Joyce Grove and the road leading from Reading to Nettlebed and Oxford and is shown by pink colour upon the signed plan. Provided that if at any time hereafter such piece of Common land shall be enclosed the fence enclosing the same shall not exceed six feet in height and shall not be erected nearer to the said road than eight feet. Within six months from the passing of this Act the said Robert Fleming shall set out and dedicate to the public a convenient footway along the line shown upon the signed plan by a blue dotted line and shall construct a carriage-way between the points marked A and B on the signed plan and thereon indicated by a blue dotted line and upon such dedication and construction all public rights of way (if any) shall be absolutely extinguished and cease to exist upon the road and footpaths shown by red lines upon the signed plan. Within two years from the passing of this Act the said Robert Fleming shall set out, level and form a recreation ground upon Nettlebed Common for the use of the inhabitants of Nettlebed and such recreation ground shall be not less than three acres in extent and shall be on or about the site marked recreation ground on the signed Plan or upon such other site within one quarter of a mile from Nettlebed Parish Church as may be agreed upon between the said Robert Fleming and the Nettlebed Parish Council or failing agreement as may be settled by some person nominated by the Chairman of the and Footpaths Preservation Society. No Surveyor of highways or other Highway Authority shall except, as is hereinafter provided, be entitled to search for, dig or carry away gravel, sand or stone or other material in or from any part of the except with the consent of the

9 to obtain materials from 25. Saving rights 26. Costs of Act and under such regulations and in such places as they shall be prescribe. Provided that such Surveyors and Highway Authorities shall be entitled hereafter to take such materials from the Hopgarden Pit as far as the same is situated upon Lower Common Wood as is shown upon the signed plan. Save as in this Act expressly provided nothing contained in or done under or in pursuance of this Act shall take away, abridge or prejudicially affect any estate vested in or any right belonging to and previously to the passing of this Act exercisable by the owner and unless by this Act otherwise expressly provided all rights of common, commonable or other like rights or any rights of way or other right in over or affecting the shall remain and be unaffected by the provisions of this Act. The costs, charges and expenses of and incidental to the preparation, obtaining and passing of this Act or otherwise in relation thereto shall be paid by the owner.